Bonum Certa Men Certa

Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

The loyal 'chinchilla' changed nationality from Danish to German and the President remains French. Maybe Campinos can inherit that infamous pair of 'presidential' bicycles to ride in his massive pub. If he gets drunk and crashes, he can always bring up "immunity!" [1, 2]

A sign with bicycles



Summary: A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)

TOMORROW will be an interesting day at the EPO -- perhaps the culmination of many scandals and Battistelli getting reprimanded (if that's not far too optimistic). Nobody expects Battistelli to get fired and perhaps he feels safe knowing that his imminent departure makes him immune to anything -- even within the Council. Earlier today it was the Campinos-led EU-IPO helping the EPO distract from scandals. EU-IPO said that the EPO's "new #patent study confirms growth in Fourth Industrial Revolution technologies..."

We are still trying to determine what's going on with the media because based on a comment we received a few hours ago, Battistelli had time to prepare his 'damage control'. He knew the outcome in advance or at least intended to disregard the ruling from ILO. This is disturbing (if true).

Something just isn't right. With the media that is...

"The Boards of Appeal scandals only serve to reinforce and vindicate the complainant for it clearly demonstrates utter dysfunction, including but not limited to deficient separation of powers."Why isn't Dutch and German media making a big deal out of it? It is a very big deal, yet hardly a bleep on the radar for some. Notice how IP Kat, for instance, has said nothing -- not even a word -- about it, having meticulously followed this whole affair for over 2 years.

What has IP Kat turned into? I say this as a former fan. A lot of the patent posts at IP Kat come from Bristows, complete with the pro-software patents, pro-trolls, pro-UPC, FRAND, SEP agenda. Bristows does something similar in Kluwer Patent blog and we suspect this is the latest (today's article about Tilmann -- a subject that we covered earlier than that). This is probably Bristows writing anonymously again, having received some truly harsh comments for its recent spin in that blog. Today it wrote in its sad and lonely blog about France and the UK, but what the staff won't admit is that it makes no real difference. The cards are now on Brexit and the ball is in Germany's court (literal court, not just a sports metaphor). Tilmann, Bristows and others (we collectively refer to them all as "Team UPC" -- a term they recently chose to adopt) try hard to influence the outcome, which may in fact be years away. The Boards of Appeal scandals only serve to reinforce and vindicate the complainant for it clearly demonstrates utter dysfunction, including but not limited to deficient separation of powers.

Earlier today someone wrote this comment about the Administrative Council (AC), which will be meeting within half a day (in view of protesters, namely EPO staff). To quote:

AC putting its house in order, and growing a set of morals and a backbone? No chance, Simon.

I see the supine and amoral AC as ruined beyond repair. The little countries have found out how much voting power they can exert, against the complacent Big Country Bullies. From now on, it is they that will continue to extract from their beloved Cash Cow, its Golden Goose, what they want, namely fat dividends. It’s called “Shareholder Value” and it destroys even the best companies, particularly the best companies.


What the AC did (or didn't do) will be a textbook example. It's case of complicity by inaction or blind compliance with a person they were entrusted to regulate. The tail was wagging the dog for longer than half a decade and bribes were perfumed as "projects" or "cooperation" or "agreements" and so on. It's just grotesque.

"The tail was wagging the dog for longer than half a decade and bribes were perfumed as "projects" or "cooperation" or "agreements" and so on. It's just grotesque."It's hard to see if/how the Boards will ever recover now that they're in Haar and in a state of limbo. Earlier today Mark Schweizer wrote about the Technical Board of Appeal and the Enlarged Board of Appeal, alluding to another case which in our humble assessment demonstrates need for more staff (so-called 'human resources' -- a task assigned to Battistelli's friends's wife at the Office). The Boards are so grossly understaffed that one starts to wonder if they have a future at all; Battistelli keeps them besieged while lobbying for the UPC. To quote parts of Schweizer's post:

Svarovski-Optik's patent EP 1 746 451 had been upheld with limited claims by the Opposition Division. Upon appeal, the Technical Board of Appeal 3.4.02 revoked the grant of the patent. Svaroski-Optik filed a petition for review by the Enlarged Board of Appeal under Article 112a(2)(c) EPC (fundamental violation of Article 113(1) [right to be heard).

[...]

Neither party had advanced such a claim construction or formulation of the objective problem during the entire proceedings. Since this construction was first advanced by the BoA in the written grounds for the decision, Svaroski-Optik could not have objected to it during the appeal proceedings, and the objection was raised in a timely manner in the petition for review (Rule 106, last part of sentence).

By adopting a surprising claim construction only in the written grounds, without giving the parties the opportunity to comment on it, the Board of Appeal had violated Svaroski-Optik's right to be heard. While it had been discussed whether a limitation of the zoom level of the telescope IOR-01 could lead to the above discussed feature without inventive step, the discussion did not occur in the context of claim construction and did not change the fact that the newly adopted claim construction was surprising.


In a properly-functioning Organisation the Council would announce the hiring of dozens of people for the Boards, not a handful of interns. But alas, the Council seems all too complicit with Battistelli, so we urge readers to remember who will 'govern' Campinos when he arrives. It's the very same people, including (according to court documents) a Head of Delegation who sleeps/slept with the Vice-President.

Recent Techrights' Posts

Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 21, 2024
IRC logs for Tuesday, May 21, 2024
Attempts to Sink the Free Software Movement (Under the Guise of Saving It)
We can see who's being drowned
Czech Republic: Windows Down From 98% to 43%, GNU/Linux Rises to Over 3%
modest gains for GNU/Linux
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day